Juguru Srinivas vs The State Of Andhra Pradesh
2022 Latest Caselaw 5774 AP

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI


              WRIT PETITION No.27634 OF 2022


JUDGMENT:

Heard Sri K. Arjun, learned counsel representing Sri N.

Srihari, learned counsel for the petitioner and Sri G. Naresh

Kumar, learned counsel representing Sri N. Manohar Reddy,

learned standing counsel for the 2nd respondent and learned

Government Pleader for the Municipal Administration and Urban

Development Authority.

2. Learned counsel for the petitioner submits that a notice

dated 30.06.2022 was issued under Sections 146 and 147 of the

Hyderabad Municipal Corporation Act, 1955 for short "the Act") by

the 2nd respondent to take the property of the petitioner as

mentioned therein to an extent of 34.15 sq. yards, situated in

D.No.95-126 in A.T. Agraharam MainRoad, Guntur, Guntur

District for the purpose of road widening as per the notified master

plan and approved Z.D.P of Guntur for the stretch from Poleramma

Talli Devasathanam to A.T Agraharam "O" lane. The petitioner

submitted a reply on 25.08.2022 stating that they are not

agreeable to give their property for road widening on the ground

that the property if at all necessary to demolish, the respondent-

authorities shall pay the compensation as per the market value.

3. Sri G. Naresh Kumar, learned counsel representing Sri N.

Manohar Reddy, learned standing counsel for the 2nd respondent

submits that if the petitioner is not ready to give the property

which is required for widening of the road by entering into an

agreement under Section 146 of the Act, the course open to the

respondent-Corporation is to proceed as per the procedure under

Section 147 of the Act and till such time the petitioner's property

as mentioned in the notice dated 30.06.2022 cannot be taken. If

the same is required would be taken only as per the provisions of

law.

4. In view of the aforesaid submission of the learned standing

counsel, recording the same, the writ petition is disposed of

providing that if the petitioner is not ready to give the land by way

of agreement under Section 146 of the Act, it would be open for the

respondents to proceed in accordance with law but till such time

any part of the petitioner's property shall neither be taken nor

utilized for widening of the road, except by process of law. No order

as to costs.

Consequently, the Miscellaneous Petitions if any pending in

this writ petition shall stand closed.

________________________ RAVI NATH TILHARI,J Date:29.08.2022 Note:

Issue CC by 02.09.2022.

B/o.

Gk.

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.27634 OF 2022

DATE: 29.08.2022

GK.